SC raps govt, CBI

Says CBI is a caged parrot and wants it to be set free

Anita Saluja

• The very heart of the CBI report was changed on the suggestion of Law Minister and Govt officials
• Asks Govt to file an affidavit by July 3 on steps to be taken to ensure CBI autonomy
• Next hearing is fixed for July 10, giving breather to Ashwani Kumar to quit
• Strictures against CBI for sharing the Report with Govt, wants it to stand up against the pressures of officialsA
• Asks Govt to bring back investigating officer RavikantA
• Sushma wants both Law Minister and AG to go

New Delhi: The Supreme Court on Wednesday censured the CBI, saying the Status Report on its coal investigation, which was meant for the judges, was made available to the government in March this year. The Apex Court rapped the Centre for interfering with the CBI investigations and pulled up the Joint Secretaries of PMO and Coal Ministry for meeting CBI officials and suggesting changes in the draft report. "The very heart of the report was changed on the suggestion of government officials."

It rejected the CBI contention that despite the changes made by the Government, the "central theme of the status reports have not changed." The Supreme Court asked the Centre to file another affidavit by July 3 on steps to be taken to ensure CBI autonomy. The next date of hearing was fixed for July 10, giving a breather to the Union Law Minister Ashwani Kumar, whom the UPA government might not drop till the final verdict of the court.

The Supreme Court Bench headed by Justice R M Lodha said, "Right now we are concerned with two ministries. They were only called to supply information. What business do they have to peruse report," it wondered. It asked the CBI, "How on earth could you make it available when the report was to be given to the Court? Even if administrative superintendence is there, the investigation must be left alone." Probe report is not a progress report to be shared with government and its officials.

The job of the CBI is not to interact with government officials, but to interrogate to find the truth. The Apex Court stated that the CBI must know how to stand up against all pulls and pressures by the government and its officials. The Apex Court regretted that no substantial progress has been made in the coal scam probe after the registration of the case.

The Supreme Court observations came in response to the nine-page CBI affidavit filed on Monday that details the significant changes made in the Status Report by Law Minister Ashwani Kumar and officials in the Coal Ministry and PMO, just two days before it was submitted in a sealed cover to the judges, implying confidentiality.

Slamming the government, the Supreme Court directed that former investigating officer Ravikant, who was transferred out to the Intelligence Bureau (IB), should rejoin the probe. The Apex Court also made it clear that no report should be shared with the law officers or the minister concerned. For this, the CBI Director would be held responsible.

Expressing concern over the Centre's interference in the coal scam investigations, the Apex Court stated that it wa a sordid saga that there were many masters and one parrot. The CBI had become a caged parrot, speaking the language of its masters. The Supreme Court wanted to know whether the government would bring forward legislation to free the CBI or whether it should step in. It wondered why it needed to get involved 15 years after Vineet Narain judgment to keep CBI autonomous. The Supreme Court judgment in the Vineet Narain case was handed out in 1997. Eversince, no steps were taken by the government to make the CBI truly autonomous. As far as CBI goes, steps were to be taken that independence was given and that control was to be only of administrative. "My meeting with CBI officials took place only on suggestions of the Law Minister," Attorney-General G E Vahanvati told the Supreme Court. He said he never asked nor got the CBI probe report in coal scam. Leader of Opposition Sushma Swaraj tweeted, saying, "ASG blamed Attorney-General. Now Attorney General blames Law Minister. The fact is all three of them have misconducted themselves. ASG has resigned. Attorney-General and Law Minister should also resign forthwith."

Strictures against CBI

It asked the CBI, "How on earth could you make it available when the report was to be given to the Court? Even if administrative superintendence is there, the investigation must be left alone." Probe report is not a progress report to be shared with government and its officials. The job of the CBI is not to interact with government officials, but to interrogate to find the truth